WINNEMUCCA - Judge Richard Wagner presided over a number of criminal cases on the law and motion calendar for Nov. 21.
Charles Alan Evans appeared with his attorney, Jay Short, for a pre-trial conference hearing. Short told the court that an agreement had been reached in the case with the district attorney's office. Evans signed a guilty plea agreement to the charges of receiving/possessing stolen property, a category C felony, and conspiracy to commit burglary, a gross misdemeanor. An additional charge of ex-felon in possession of a firearm was to be dismissed.
Wagner told Evans that for the first count the potential penalty was one to five years prison with a $10,000 fine and the second count penalty was one year in the Humboldt County Detention Center with a $2,000 fine. The felony charge could be suspended for probation.
Short made a statement in behalf of his client for the factual basis of the guilty plea that Evans and two other individuals had gone to a ranch house in Paradise Valley and Evans waited in a vehicle while the two others burglarized the house.
Evans' trial date of Dec. 14 was vacated and his sentencing was set for Jan. 18, 2012, at 2 p.m.
Jose Juan Paniagua appeared with his attorney, Steve Cochran, for an arraignment and plea. Paniagua had entered a guilty plea agreement to the charge of conspiracy to commit aggravated stalking, a gross misdemeanor.
Wagner advised him that the potential penalty for the charge was one year in HCDC and a $2,000 fine.
As for the factual basis for Paniagua's guilty plea, Cochran told the court that his client had been at a dance and threatened a female with harm, then later went to the female's home.
Paniagua's sentencing was set for Jan. l8, 2012, at 2:15 p.m.
Theodore Joseph Elias and his attorney, Edwin T. Basl, appeared in court for Elias' arraignment on the charge of trafficking in a controlled substance level III, a category A felony.
Elias pled not guilty and waived a speedy trial. His trial was set for May 9 - 12, 2012, and a pre-trial conference was scheduled for April 16, 2012, at 2:15 p.m.
Judge Michael Montero presided over the arraignment for Ponciano Flores-Vidriales, who appeared with his attorney, Public Defender Matthew Stermitz. Vidriales had originally been charged with lewdness with a minor under 14, a category A felony, but entered a guilty plea agreement to the charge attempt to commit lewdness with a minor under 14, a category B felony.
Montero advised Vidriales that the potential penalty was two to 20 years prison and that the sentence could be suspended for probation; that the defendant would be subject to lifetime supervision and had to report as a sex offender.
Deputy District Attorney Roger Whomes stated that in order for Vidriales to be eligible for probation he would have to pass a psychosexual evaluation. Montero also advised Vidriales that he could be deported if he was not a U.S. citizen. Whomes stated that the defendant was a permanent resident but that his residency could be severed because of the felony charge.
Vidriales pled guilty through an interpreter and told the court that he had touched the groin area of a girl under 14 and put his hand down her pants.
Montero ordered that a pre-sentence investigative report be completed and set Vidriales' sentencing for Feb. 27, 2012, at 2 p.m.
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